How Road Conditions and Poor Signage Contribute to Bicycle Accidents

Most cyclists are aware that motorists present a substantial risk of harm to them as they operate their bicycles. However, what many cyclists do not consider nearly enough is the risk presented by road conditions and poor signage. These are two elements which are often overlooked yet are supremely important to staying safe on the roads of Philadelphia. Unfortunately, even the best of cyclists can be injured due to these hazardous riding conditions. 

How Poor Signage Leads to Philadelphia Bicycle Accidents

Roadway signage is your first line of defense between you and a safety hazard. Unfortunately, it is all too common to not see a sign on the road that is weather worn or otherwise not fulfilling its intended duty. For traffic signals, a defective or not functioning stop light or warning sign can certainly create a high speed cycling accident. Accordingly, thousands of cyclists are injured each year due to poor or inadequate roadway signage.

Challenges Associated with Claims Involving Poor Signage 

What makes these cases especially difficult is that you need to file your claim or lawsuit against a governmental entity. As in all states, governmental entities have special protections under Pennsylvania law when it comes to their potential as a defendant in a lawsuit. 

This does not mean that it is impossible to pursue a claim or lawsuit against a municipality like a city, county or the State itself. Rather, what this situation requires is that you go into the case with a plan in mind. When you decide to hire a Philadelphia bicycle accident attorney to help you, the chances of your success in a potential claim or lawsuit increase dramatically. 

Proving Fault in Poor Signage Cases 

In a situation where you are trying to prove fault on the governmental entity who put the sign up there is a series of questions that you and your bicycle accident attorney must answer. The inability to answer even some of these questions affirmatively means that your case may not be as strong as you thought it was. 

You must first establish that the governmental entity in question owed you a duty of care. The governments who maintain the roads must provide roadways which are reasonably safe. This does not mean that the governmental entity must go “above and beyond” to keep its stretch of road in good shape. 

From there, it is necessary to determine if a breach of that duty of care occurred. The following questions will be considered when attempting to determine whether negligence occurred:

• Does state law require that a certain type of sign be posted in a specific location? If that sign was not posted, then the municipality has failed to exhibit a duty of care. 
• Is a worn-down sign still posted in a dangerous area of the road? If you could not see the content of the sign because the typeface is very old, then you may have grounds for a claim against the municipality
• How often is the sign maintained? If a sign was installed incorrectly or was not inspected regularly, then there may be grounds for a claim or lawsuit against the governmental entity

Road Conditions as a Cause of Bicycle Accidents in Philadelphia

Road conditions can be harmful for a cyclist in multiple ways. First, poorly maintained roads tend to have uneven surfaces, lane markers that are nonexistent, and potholes that are deep enough to cause severe injuries. Secondly, even well-maintained roads can become dangerous if weather conditions are severe. In either scenario, staying vigilant is necessary if you want to stay safe while cycling in Philadelphia. 

Determining Fault in an Accident Caused by Dangerous Road Conditions

Who is at fault when a dangerous road condition causes an injury while you are cycling? It may be the municipality that oversees maintenance of the roadway surface. In this type of scenario, it is essential that you be able to show that the governmental entity had knowledge of the dangerous condition of the road – or that the municipality had an opportunity to learn of the dangerous condition, even if it lacked actual knowledge. 

Collecting evidence of wrongdoing should be your first step towards addressing fault for your injuries. This begins with answering the following question: What was wrong with the roadway? Describing what was wrong in your own words is one way to do this, though  it is better to have concrete evidence. Examples of relevant evidence include witness statements, photographs of the accident scene, or even video footage of what occurred. 

Damages Available for Victims of Hazardous Road Accidents

Being compensated for your injuries is a key objective for victims of cycling accidents. Depending upon the severity of your injuries, ongoing treatment, surgery, and therapy may be necessary. 

In addition to ongoing medical bills, bicycle accident cases frequently feature costs such as lost wages and pain and suffering. As you consider the true financial costs of a bicycle accident, be sure to think about all the areas of your life that have been impacted as a result of the accident. Keeping track of days missed at work and calculating lost wages is a key factor for you and your legal representative to consider. 

Remember: Evidence is Critical in Bicycle Accident Cases 

It is important to consider that filing an insurance claim or lawsuit against a municipality is different from doing so against a private citizen. As a result, making a mistake at the beginning of your case can cost you time and money. Additionally, getting your case off the ground is easier said than done. Just because you were injured does not mean that a municipal government is going to seek you out for payment. Rather, you need to advocate for yourself by determining the events of your accident and seeking out the information for potentially filing a lawsuit or insurance claim. 

Evidence matters a great deal in a bicycle accident case. Uncovering evidence that can be used to establish liability early in your case can help you negotiate a settlement more promptly so that you can proceed with obtaining necessary medical care. Hiring the right representative for your case matters significantly, and our team of legal professionals is here to help. 

Questions about a Bicycle Accident in Philadelphia? Contact Anthony C. Gagliano, III, Esquire, P.C. Today

If you have been hurt while on a bike ride, we can help clarify the law and provide you with a game plan to move forward. The legal team with Anthony C. Gagliano, III, Esquire, P.C., is dogged in our pursuit of justice on behalf of our injured clients. If you have suffered severe injuries and don’t know where to go from here, now is not the time to panic. Instead, contact our office for a free of charge consultation. Learn your legal options before taking the next step in your case.